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(영문) 인천지방법원 2017.10.31 2017구단50604

주거이전비등

Text

1. The defendant,

A. 11,68,920 won and a rate of 15% per annum from May 2, 2017 to the date of complete payment to Plaintiff A.

Reasons

1. Basic facts

(a) Outline of the project: The project zone for the E Housing Redevelopment and Rearrangement Project (hereinafter referred to as “instant rearrangement project”): The project implementer: the defendant on August 1, 2010, when the authorization for the implementation of the project is granted on December 30, 2015:

B. The Plaintiffs were owners of each residential building (hereinafter referred to as “each residential building of this case”) within the instant rearrangement project zone as follows, and became cash liquidation agents due to the failure to apply for parcelling-out within the period set by the Defendant from the date of each transfer to reside after the date of each transfer.

(G) From April 8, 198 to December 28, 2015, the deceased G resided with Plaintiff B, Plaintiff C, and Plaintiff C, who are the spouse, and died on December 28, 2015, the deceased Plaintiff B inherited at the ratio of 3/7 shares, Plaintiff A, and Plaintiff C, respectively. Serial Nos. 1 B B B B of April 2, 1988 on the date of moving into the Plaintiff’s residential building (hereinafter “the date of moving into the Plaintiff’s residential building”) and 3/7 shares, 2/7 shares, 3/7 shares. The facts that there is no dispute between Plaintiff B and Plaintiff B, Plaintiff A, and Plaintiff C, the date of moving into the Plaintiff’s residential building (hereinafter “the date of moving into the Plaintiff’s residential building”), C C C C C on April 3, 1988 and I/6 (including various numbers), and the purport of the entire pleadings, as a whole.

2. Determination on the claim for resettlement funds

A. According to Article 78(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), Article 40(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), Article 41 of the Enforcement Decree of the same Act, and Article 53(2) of the Enforcement Rule of the same Act, a project implementer shall either establish and implement relocation measures or pay resettlement funds to those who lose their base of livelihood as a result of providing residential buildings due to the implementation of public works, as prescribed by Presidential Decree, for those who lose their base of livelihood. The resettlement funds amounting to 30% of the appraised value of residential buildings subject to compensation shall be the amount equivalent to 6,00,000 won.